The Controller of Budget, Dr. Margaret Nyakang’o, has clarified how county governments can legally withdraw funds to support institutions such as universities, tertiary institutions, primary schools, secondary schools, and special education centers.
These institutions are classified as functions of the national government under Part 1 of the Fourth Schedule of the Constitution.
In a circular issued to all county executive committee members for finance on January 14, 2025, Dr. Nyakang’o noted that counties are primarily assigned responsibilities for pre-primary education, village polytechnics, homecraft centers, and childcare facilities, as listed under Part 2 of the Fourth Schedule.
However, counties may extend their support to functions categorized as national government responsibilities if they follow the proper legal framework.
“For a county government to offer educational support towards functions classified under Part 1 of the Fourth Schedule, there is a need to transfer the function in accordance with Article 187 of the Constitution,” the circular stated.
Dr. Nyakang’o emphasized that this transfer process requires the formulation of an intergovernmental agreement as stipulated under Article 187 of the Constitution and Section 26 of the Intergovernmental Relations Act.
Such agreements must be signed by an authorized official and published in the Kenya Gazette to be legally binding.
The Controller of Budget further explained that any requisition for withdrawing funds to perform functions classified as national government responsibilities must include the intergovernmental agreement as required by law.
This ensures compliance with constitutional provisions and safeguards accountability in the use of public funds.
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